DURGAN ROMEN LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This an application under Section 439 of the Code of Criminal Procedure seeking bail by two of the accused from Crime No.294 of 2019 registered with Pundaliknagar Police Station, Aurangabad for the offence punishable under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act , 1985 ("Act", for short).

(2.) It is being alleged that a police party which was investigating Crime No.285 of 2019 got a tip that a vehicle bearing registration No. MH- 06-AS-5028 was coming from Beed side and the number plate is bogus and there is a possibility of some suspicious articles and suspicious persons being carried in the vehicle. Accordingly a trap was laid. The vehicle was accosted. Apart from the other accused, the applicants were found travelling in the car. There were ten polythene bags found in the boot containing 4 kgs. and 200 grams of ganja. Necessary procedure was followed. The ganja was seized. The applicants were arrested and so were the other accused on the same day i.e. 16.07.2019 except applicant No.1 who was arrested on 22.07.2019. The investigation was carried out and in due course of time, the chargesheet has been filed.

(3.) The learned Advocate for the applicants submits that there is a serious dispute as to the conscious possession. The applicants were merely travelling in the car as passengers. There is no compliance of the statutory requirement of Section 42 (2) of the Act. Though the information was received by the police officer, it was not intimated to his superiors. This Court has in several cases considered this aspect even while deciding applications for bail. The lapse goes to the root of the matter and the applicants may be granted bail irrespective of the bar contained under Section 37 of the Act.